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Pollock v. Waspco Corp.2/5/2002
resulting good-faith disputes arising from these issues, plaintiff has produced insufficient evidence from which the Full Commission can award penalties pursuant to N.C. Gen. Stat. § 97-18.
We have reviewed the entire record and conclude that competent evidence only supports this finding with respect to Deputy Shuping's awards two and three. Awards two and three were subject to plaintiff's cooperation; awards one and four were not. We conclude that no good faith justification existed to prevent defendant paying awards one and four. Defendant possessed all the information needed to calculate plaintiff's payment pursuant to those two awards when Deputy Shuping's opinion and award issued. "Because the provisions of G.S. § 97-18(g) are mandatory (`there shall be added'), we are compelled to conclude that a 10% penalty is due." Bostick, 145 N.C. App. at 110, 549 S.E.2d at 563 (citing Kisiah v. W.R. Kisiah Plumbing, 124 N.C. App. 72, 83, 476 S.E.2d 434, 440 (1997)). We affirm the opinion and award in part and reverse and remand in part.
Affirmed in part, reversed and remanded in part.
Judges TIMMONS-GOODSON and HUDSON concur.
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